FAYETTEVILLE -- Ecclesia College is again refusing to release documents requested by a former teacher and board member.
Travis Storey, attorney for Ecclesia, in a renewed motion to dismiss filed late last week, contends the documents are covered in a protective order issued by a federal judge hearing the corruption case of former state Sen. Jonathan Woods, Ecclesia President Oren Paris III and Randall Shelton Jr. Former state Rep. Micah Neal has already pleaded guilty for his role.
Arkansas legislators gave nearly $700,000 of taxpayers' money to the private Christian college in Springdale from the state's General Improvement Fund.
U.S. District Judge Tim Brooks issued the protective order March 27 limiting dissemination of evidentiary material related to the case to those attorneys, investigators' witnesses and others directly involved in the criminal case, according to the Ecclesia response.
Brooks' order includes the records requested under the Freedom of Information Act by Jim Parsons, according to the response.
Storey contends the mere receipt of some state money doesn't make the private school subject to FOIA or a public entity. He claims Ecclesia isn't supported by state money and the proper question is whether the private entity carries on public business or is otherwise intertwined with the activities of government. The Arkansas Supreme Court has decided such cases on a case-by-case basis, according to the response.
"Defendant is not an entity of the state, and as such, it alone cannot be sued under FOIA and directed to turn over documents under the act," the response says.
Storey also argues because Ecclesia is a church and nonprofit corporation, it's entitled to Constitutional protection, which allows members to inspect books and records for any proper purpose. Otherwise courts have no power to intervene.
Washington County Circuit Judge John Threet denied a motion to dismiss the FOIA lawsuit last month.
Ecclesia twice asked Threet to dismiss Parsons' lawsuit. Ecclesia contended too much time passed without a court hearing, making the lawsuit moot.
Threet found no merit in the seven-day argument and ruled Parsons stated sufficient facts related to Ecclesia's monetary involvement with government to keep the lawsuit active.
The lawsuit, originally filed Feb. 9 in Washington County Circuit Court, contends private organizations receiving public money, engaging in activities of public interest, carrying on work intertwined with a government body or receive grants to promote economic development are subject to the requirements of the FOIA.
The lawsuit notes only documents related to public money used at the college are being sought.
Parsons is chairman of the Benton County chapter of Transparency in Government Group. He said he's a former Ecclesia board member and faculty member.
Ecclesia's receipt of the money entered the spotlight after Neal pleaded guilty in federal court Jan. 4 to taking a pair of kickbacks that totaled $38,000 for helping two entities receive grants through the state's General Improvement Fund.
Woods has since been indicted on 14 counts of wire fraud, one count of mail fraud and one count of money laundering. Woods has pleaded not guilty.
Paris and Shelton, a consultant, also have been indicted on 13 counts of wire fraud each and one count of mail fraud. Both have pleaded not guilty.
NW News on 05/17/2017